2011 (9) TMI 616 - HC - Income Tax

Unexplained Cash Credits - Share application for issue of Share Capital - Held That - Assessee not able to discharge the primary onus to proof prove the cash credit. No shareholders of the company were produced for verification, further signatures were also forged. Banks report stated , share application money were received from Mr. Aggarwal through his proprietary concern and thus, transactions were not genuine.

Summary

Issues:
Appeal against Income Tax Appellate Tribunal's order on addition of share capital under Section 68 of the Income Tax Act.

Detailed Analysis:

Issue 1: Addition of Share Capital
The appellant contested the addition of Rs. 22.50 lacs under Section 68 of the Income Tax Act, concerning the share capital contributed by eight shareholders. The Assessing Officer initiated an inquiry and found discrepancies in the shareholders' responses. The AO concluded that the share application money came from an account belonging to a different individual. The CIT (A) and the Tribunal upheld the addition of share capital for the impugned year. The appellant failed to prove the genuineness of the transaction or the capacity of the shareholders to invest. The shareholders denied making any investment, and one even claimed his signatures were forged. The appellant requested cross-examination of the investors but failed to follow up on this request. The High Court found no infirmity in the Tribunal's decision and dismissed the appeal, stating no legal question arose for consideration.

In conclusion, the High Court upheld the Tribunal's decision to add the share capital under Section 68 of the Income Tax Act, as the appellant failed to substantiate the genuineness of the transaction or the capacity of the shareholders to invest. The Court found no grounds for appeal and dismissed the case.